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House offers new tool to combat DUI

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MONTPELIER – Drunk drivers could see their license suspensions reduced significantly under proposed legislation that would authorize the use of "ignition interlock devices" in vehicles in lieu of other sanctions.

The Vermont House of Representatives gave unanimous approval Thursday to a bill that relies on the ignition-interlock technology to lower recidivism rates for drunk-driving offenders. Backers of the proposal say it would also make roads safer by preventing DUI offenders from repeatedly driving drunk.

The devices are essentially breathalyzer machines installed in the dashboards of offenders' vehicles. The devices prevent the car from starting if a driver's blood-alcohol content exceeds .02 percent.

While some lawmakers said they worry about what kind of message reduced suspensions might send, proponents of the legislation say the technology has reduced recidivism rates by up to 90 percent in the 47 other states that have passed ignition-interlock laws.

"The problem with current DUI laws is that, in a rural state particularly, if you take somebody's license away and that person has a job and has to get to work, they're going to drive," said Rep. Eldred French, a Shrewsbury Democrat. "As many as 70 percent of people will continue to drive without a drivers license simply because they have to."

French said that if offenders are going to drive, the state might as well make sure they do it soberly.

The bill has the support of the Douglas administration, law-enforcement community and Mothers Against Drunk Driving.

For first-time offenders who opt to pay the up-to-$250 installation fee, the 90-day civil suspension would be eliminated altogether. For two-time offenders, the ignition interlock could reduce the current 18-month suspension to as little as 90 days. And for people convicted of their third drunk driving charge, the lifetime suspension could be cut to one year.

To further encourage the use of the devices, offenders who choose the interlock option will see their civil fines reduced by half.

A 2007 report by the National Highway Traffic Safety Administration cites numerous studies that found interlock legislation cut recidivism rates by as much as 90 percent. A study in New Mexico showed that re-offense rates dropped by half when convicted DUI drivers had the interlock devices installed on their vehicles.

Rep. Kurt Wright, a Burlington Republican, said he voted 'yes' reluctantly.

"I am in full support of interlock devices," Wright said. "But I'm concerned about the message this sends in terms of the significant reduction in the suspension of license."

Rep. Maxine Grad, a Moretown Democrat and vice-chairwoman of the House Judiciary Committee, called the legislation a public-safety initiative that takes more a realistic approach to the issue of drunken driving.

"We're looking to get real," Grad said. "We know what the reality is. And we know that if we can get these devices installed in cars, we will dramatically improve public safety on our roads."

The legislation doesn't have the support of everyone, however. Defender General Matt Valerio, whose staff provides public representation to thousands of defendants, said the Legislature hasn't adequately studied the issue. For one, Valerio said, the bill would give an unfair advantage to DUI offenders wealthy enough to pay the installation cost, which would be borne by the convict. The device can cost users up to $95 in additional monthly service fees.

Valerio said the bill also has the potential to further burden the criminal justice system by creating a slew of new criminal offenses. Offenders who try to circumvent the interlock, either by having someone else blow into it or by some other means, would face criminal penalties for doing so.

"It's a situation where the concept is a good concept, but they're just going to do it without planning how to do it," Valerio said. "And we're creating a whole new layer of collateral crimes."

Valerio said 80 percent of people convicted of first-offense DUI never enter the criminal justice system again.

But lawmakers say the approximately 4,000 DUI-related license suspensions meted out annually by Vermont courts too often go unheeded.

Grad said the new law wouldn't go into effect until July of 2011 and provides the Department of Motor Vehicles and other state entities sufficient time to make rules and study other details. Judges, she noted, would be able to deny the interlock option to any offender at their discretion.

It's unclear whether the Senate – whose version of the bill included only a study of the issue – will go along with the House changes. Sens. Dick Mazza and Dick Sears, chairmen of the Senate committees on transportation and the judiciary, respectively, said they fully support the concept.

But Mazza said he thinks lawmakers might need more time to craft a solid law.

"We all really like the idea – I'm just not sure we've got it completely figured out yet," Mazza said.

Sears said he's optimistic the House and Senate will be able to find common ground when the committee of conference meets next week.